(Things mostly going as expected football-wise this weekend with the Jets beating the Redskins comfortably thanks to first season struggles by the new QB [not that he got too much help from what I can see] and poor Redskins defense. Redskins have one win, barely, vs. the Dolphins. Giants with a bye, now has two wins vs. the Jets three, a gift win really and one vs. these same Redskins.)
On Friday, audio of the second set of November cases were released and as other things were happening (Roger Stone convicted, another big impeachment hearing day, Trump pardons some war criminals), they also granted some more cases that might be of mild importance. Also, for some reason, the Trump Administration's sentiments a New York gun case isn't really moot appears to be relevant. Just in time for another school shooting.
[One person at a blog commenting on the pardons made an open-ended attack on the pardon power itself because of certain abusive applications. This is throwing the baby out with the bathwater and applies to prosecutions too. I do think state practice of putting strings on unlimited pardon power -- so, e.g., in theory a POTUS can commute everyone sentenced to die or given long prison terms for drug possession -- is on some level good policy. Even there, I would think selective use of pardon power, such as to relieve people involved in a riot or insurrection of the threat of prosecution, which occurred since the days of Washington, would basically be tied to executive power itself. This doesn't mean even there limits would be bad, but flexibility regarding ongoing affairs of that sort is even more appropriate.]
SCOTUS also showed some concern for the Rodney Reed case (asking for briefing or some such thing, suggesting at least one justice was concerned), according to one account I saw, but Texas courts eventually held up the execution. This after multiple appeals over the last twenty plus years with limited results. There was significant attention given to the case recently and not just from the usual suspects like on Chris Hayes' show. Some more concern about the innocent claims than the usual case. So, of the numerous executions originally scheduled the last two months, four occurred, which is probably at least three more than should have. One was tainted by anti-gay animus, another had serious innocence claims and a third was the method of execution case that reached the Supreme Court. So, maybe if nitrogen gas was used. The fourth was probably too mentally unbalanced, but in the end he waived appeals. Arbitrary and capricious.
The Federalist Society big meeting last week is very relevant here too for various reasons, not limited to its role in the appointment of federal judges. A special "fu" to those who refuse to admit such a role or realize they are enabling Trump, given the special importance judges have to his support. Furthermore, Brett Kavanaugh came out to give a big speech, a sort of victory lap. And, there was Attorney General (allegedly) Barr who followed up his religious liberty speech (reported on this space) with a "you got to be kidding me ... you aren't, are you?") executive power speech, including how "the left" (always a flag) is the true menace.
Today was Order Day (they will have a conference this Friday and then take a break until December). As noted at the link, Sotomayor dissented in the others not granting relief sought involving one case involving applying a criminal forfeiture case. Other than that, though as noted at the link some of the non-grants are as usual notable cases, it seems like a normal no drama order (SCOTUS has a habit of granting cases for oral argument separately on the Friday before). There is one of those "huh" moments for me personally when it granted a request to release a joint appendix in the big abortion case under seal. Why?
Finally, to toss it out there, the woman who should be judge if she wasn't filibustered (she would have been a key vote in a divided circuit, but her scholarship and support by certain conservatives also makes her stand out for me) adds to a discussion on a book on McCulloch v. Maryland.
More: After the House side did not oppose a short delay, Roberts held up a court of appeals judgment requiring release of presidential accounting records for a few days. One reason flagged by the court of appeals (rehearing denied 8-3, two of three Trump appointees) was enforcement of emolument clause requirements: "If the President may accept no domestic emoluments and must seek Congress’s permission before accepting any foreign emoluments, then surely a statute facilitating the disclosure of such payments lies within constitutional limits."
The original COA dissent argued that the only way such records, which to underline comes from a private firm who are now alleged to be a sort of agent for executive privilege purposes, can be obtained is if the House had a formal impeachment process. We surely have one now, but they were requested separately and for a more general legislative purpose. All the same, the impeachment inquiry is clearly relevant here and emolument clause violations are one of many non-Ukraine matters to keep track of.
On Friday, audio of the second set of November cases were released and as other things were happening (Roger Stone convicted, another big impeachment hearing day, Trump pardons some war criminals), they also granted some more cases that might be of mild importance. Also, for some reason, the Trump Administration's sentiments a New York gun case isn't really moot appears to be relevant. Just in time for another school shooting.
[One person at a blog commenting on the pardons made an open-ended attack on the pardon power itself because of certain abusive applications. This is throwing the baby out with the bathwater and applies to prosecutions too. I do think state practice of putting strings on unlimited pardon power -- so, e.g., in theory a POTUS can commute everyone sentenced to die or given long prison terms for drug possession -- is on some level good policy. Even there, I would think selective use of pardon power, such as to relieve people involved in a riot or insurrection of the threat of prosecution, which occurred since the days of Washington, would basically be tied to executive power itself. This doesn't mean even there limits would be bad, but flexibility regarding ongoing affairs of that sort is even more appropriate.]
SCOTUS also showed some concern for the Rodney Reed case (asking for briefing or some such thing, suggesting at least one justice was concerned), according to one account I saw, but Texas courts eventually held up the execution. This after multiple appeals over the last twenty plus years with limited results. There was significant attention given to the case recently and not just from the usual suspects like on Chris Hayes' show. Some more concern about the innocent claims than the usual case. So, of the numerous executions originally scheduled the last two months, four occurred, which is probably at least three more than should have. One was tainted by anti-gay animus, another had serious innocence claims and a third was the method of execution case that reached the Supreme Court. So, maybe if nitrogen gas was used. The fourth was probably too mentally unbalanced, but in the end he waived appeals. Arbitrary and capricious.
The Federalist Society big meeting last week is very relevant here too for various reasons, not limited to its role in the appointment of federal judges. A special "fu" to those who refuse to admit such a role or realize they are enabling Trump, given the special importance judges have to his support. Furthermore, Brett Kavanaugh came out to give a big speech, a sort of victory lap. And, there was Attorney General (allegedly) Barr who followed up his religious liberty speech (reported on this space) with a "you got to be kidding me ... you aren't, are you?") executive power speech, including how "the left" (always a flag) is the true menace.
Today was Order Day (they will have a conference this Friday and then take a break until December). As noted at the link, Sotomayor dissented in the others not granting relief sought involving one case involving applying a criminal forfeiture case. Other than that, though as noted at the link some of the non-grants are as usual notable cases, it seems like a normal no drama order (SCOTUS has a habit of granting cases for oral argument separately on the Friday before). There is one of those "huh" moments for me personally when it granted a request to release a joint appendix in the big abortion case under seal. Why?
Finally, to toss it out there, the woman who should be judge if she wasn't filibustered (she would have been a key vote in a divided circuit, but her scholarship and support by certain conservatives also makes her stand out for me) adds to a discussion on a book on McCulloch v. Maryland.
More: After the House side did not oppose a short delay, Roberts held up a court of appeals judgment requiring release of presidential accounting records for a few days. One reason flagged by the court of appeals (rehearing denied 8-3, two of three Trump appointees) was enforcement of emolument clause requirements: "If the President may accept no domestic emoluments and must seek Congress’s permission before accepting any foreign emoluments, then surely a statute facilitating the disclosure of such payments lies within constitutional limits."
The original COA dissent argued that the only way such records, which to underline comes from a private firm who are now alleged to be a sort of agent for executive privilege purposes, can be obtained is if the House had a formal impeachment process. We surely have one now, but they were requested separately and for a more general legislative purpose. All the same, the impeachment inquiry is clearly relevant here and emolument clause violations are one of many non-Ukraine matters to keep track of.
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